From Draft NOtices, January-March 2024
- Rick Jahnkow
The 2024 National Defense Authorization Act (NDAA) that was passed by Congress on December 14 will introduce a number of changes in the military’s high school Junior Reserve Officers' Training Corps program. The most significant of these changes are a result of concerns that were prompted by two front-page exposés published last year by the New York Times. One of the articles focused on the high rate of sexual abuse claims lodged against JROTC instructors; the other revealed that thousands of students at schools around the country were being placed in the program involuntarily.
In response to the Times articles, language was added to the 2024 NDAA to address the issues of sexual abuse and involuntary enrollment in JROTC. The effort to do so was supported by a coalition of activists who came together as the Taskforce to End Compulsory Military Training in Schools (endcom.org). In Congress, the effort was led by Senator Elizabeth Warren, chair of the Senate Armed Services Committee.
What follows is a summary of some of the JROTC-related provisions that were included in the 2024 NDAA.
- Sec. 552 requires the Secretary of Defense to establish regulations for a new memorandum of understanding (MOU) that must be signed by each high school with JROTC.
- The MOU will require schools to notify the military of any allegations of misconduct (including sexual misconduct or harassment) by a JROTC instructor. An annual training will be required to inform students of methods to prevent and respond to sexual assault.
- Schools will also have to ensure that students are notified of their rights under various federal laws applicable to schools. A process will be required for students to report violations of these rights, including the right to not be subject to discrimination or retaliation for reporting violations.
- Another important element of the MOU would require schools to certify that they have "developed processes to ensure that each student enrolled in a [JROTC] unit . . . has done so voluntarily."
- Sec. 555 relates to enforcement of MOU requirements. Unfortunately, its language is very disappointing. It says that the Secretary of Defense "may" place on probation for three years any JROTC unit that fails to comply with the provisions of the MOU. After the three-year probationary period, a unit “may” be suspended if it remains out of compliance and the Secretary of the military department concerned determines suspension is necessary "to mitigate program deficiencies or to protect the safety of program participants." Over a four-year period, the Dept. of Defense will be required to monitor and annually report on the status of any units suspended or placed on probation. A justification must be given if such units are reinstated.
- Sec. 556 requires an annual report on any allegations of sexual misconduct, sexual harassment, and sex discrimination in JROTC programs, including any allegations of such acts by instructors against students. The report must include the number of such reported allegations that were investigated and the outcome of those investigations.
While there are good reasons to be disappointed in the way enforcement of the NDAA’s JROTC provisions were, essentially, made discretionary, the kind of language that was included is a significant departure from the unquestioning, favorable treatment given to JROTC in the past. The mere presence of the MOU just might be enough to give local activists the organizing leverage needed to convince school districts to intensify their regulation of the program, including ending involuntary enrollments. The overall effect of organizing around the MOU could be fewer students in the program, which, in turn, can force the removal of JROTC units if they fail to meet the program’s required minimum enrollment of at least 100 students or 10% of the total student body.
For more information, see the “JROTC Organizing Packet” at www.endcom.org.
This article is from Draft NOtices, the newsletter of the Committee Opposed to Militarism and the Draft (http://www.comdsd.org/).
